Opinion
Case No. 2:03CV944 DAK
May 10, 2004
ORDER
On January 23, 2004, this court issued an Order and Notice of Hearing, setting oral argument on Plaintiff's Motion to Dismiss Counterclaim for March 30, 2004 at 3:00 p.m. Prior to March 30, 2004, the court spent a significant amount of time preparing for the oral argument. On March 30, 2004, however, no party appeared for the hearing.
Upon calling Plaintiff's counsel, the court staff learned that the parties had reached a settlement, but that Plaintiff would not dismiss the case until all of Defendant's monthly payments had been received by Plaintiff, which would be in approximately twelve months. No party informed the court that the hearing on the motion was necessary.
Accordingly, so that the Motion to Dismiss does not remain on the court's docket of pending motions for the next twelve months, the court HEREBY ORDERS that Plaintiff's Motion to Dismiss Counterclaim is MOOT. In addition, the Clerk of the Court is directed to administratively close this action. If necessary, any party may re-open this case by filing a motion with the court. Upon finalizing the settlement, the parties are directed to file a Stipulated Motion to Dismiss, along with a proposed Order for the court's signature.